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Home My WebLink About105 CUP 24 Twin Peaks Storage PZC Staff Report 8-21-24 Comple 105 CUP 24 PZC LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Conditional Use Permit Application HEARING TIME AND DATE: 6:00 p.m., August 21, 2024 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 105 CUP 24 APPLICANTS: Rick, Shane, and Wyatt Earling PROJECT NAME: Twin Peaks Storage COMMUNITY PLAN AREA: Upper Valley ZONING: Rural Zone REPRESENTATIVE: Wyatt Earling PLANNER: Elizabeth Williams PARCEL ID: 3218-062-00-122, 3218-062-00-005, 3218-062-00-006 _____________________________________________________________________________ PROPOSAL: A modification of a Conditional Use Permit to add stick built and shipping container storage units in Grover, Wyoming on 8.3 +/- acres in the Rural Zone. At the request of the Planning & Zoning Commission, the applicants changed their proposal. The previous plan proposed twenty new shipping container units placed in a 40’ x 160’ location south of the existing storage units along Highway 89. The applicants now propose to build thirteen stick built 12’ x 40’ storage units south of the existing storage units along Highway 89 placed in a 40’ x 160’ location, and forty new 8’ x 40’ shipping container storage units placed in a 40’ x 320’ location east of the canal along County Road 190. LOCATION: Located 2.5 miles north of the Town of Afton, Wyoming in T32N R118W Section 6. ATTACHMENTS: 1. Vicinity Map 2. Modified Site Plan with Attachments 3. Violation Letter 4. Agency Comments 5. Previous Permit PLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning & Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File #105 CUP 24, a Conditional Use Permit, with: • Findings of Approval A. through D. • Conditions of Approval 1. through 5. 105 CUP 24 PZC FINDINGS OF APPROVAL: A. The proposed use, with conditions is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed use, with conditions is consistent with the provisions of the Lincoln County Land Use Regulations, specifically: Chapter 3, Section 3.1 Conditional Use Permit Procedures. C. The proposal, with conditions is consistent with the provisions of Wyoming Statute 18-5-203 providing for Board of County Commissioners authority for zoning regulation of buildings and uses of land. D. The proposed use, with conditions, will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience and welfare. CONDITIONS OF APPROVAL: 1. The developer/owner shall comply with all of the County, State and Federal laws and regulations. 2. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (DEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 3. The developer shall meet the International Building Code (IBC) requirements for commercial buildings, which includes providing a foundation for storage units created from shipping containers. 4. The developer shall provide buffering along Highway 89 and along residential properties bordering the project site by providing trees at least four feet tall planted at intervals sufficient to buffer the project. 5. The existing access road that lies west of the canal on County Road 190 shall be removed. The storage units on both sides of the canal will need to be accessed via the new road access east of the canal on County Road 190. Lincoln County Comprehensive Plan Appendix 6. B. US 89 Corridor Study states that “In order to maintain the existing levels of mobility and safety on this highway, it will be important to restrict the granting of new accesses. Success will require cooperation and coordination between WYDOT and Lincoln County in the area of access management.” As per the WYDOT Access Manual it recommends an offset for frontage roads a minimum of 330’ and a maximum of 660’. The existing access road does not meet the recommended offset from Highway 89, and safety may be compromised as large vehicles or trailers turn into Twin Peaks Storage if the access road location is not moved. AGENCY CORRESPONDENCE: WYDOT: Due to the anticipation of large vehicles or vehicles pulling a trailer, left turning movement conflicts and sharp turning radius may be concerns that should be addressed/analyzed due to the close proximity of the existing Access Road with US 89. 105 CUP 24 PZC The existing field access located in the southwest corner of the property (US 89, MP 89.51+/-) should be closed/removed. UV237 £¤89 06 050102 34333132 32N 118W32N 119W 33N 118W ³±129³±191s³±191s³±190³±191s ³±172UV237 Br okenBi t LaneOutfitters Road £¤89RICHINS, BOYD W.& MAUREENFROME, JOHN TRUSTEE MILES, TYSON & JANELLE DAUGHERTY, JOHN & DORENE TRUSTEES LEE, DAVID RICHINS, BOYD W.& MAUREEN IZATT, WADE&LONAJONES, DAVID J TURNER, FAYE,TRUSTEEJENSEN, JAKE V & CHRISTINA LLANCASTER,STEVEN R AVERETT, CHADK & STACY A FROME, JOHN TRUSTEEE A M A S REVOCABLETRUST EARLINGFAMILY TRUST GROVER WATER & SEWER DISTRICTASTLE, GARY W & BECKYASTLEHEPWORTH, THOMAS A COZIAH, PETER JAMES SR FAMILY TRUSTEARLING,SHANE R. HILLYARD,DOUGLAS B.& LONDA A. MOFFITT, DAVID C & BONNIEJ TRUSTEES ALBRECHT, WERNER L& PEGGY J TRUSTEES JENSEN, BRETT & SUSAN R EARLING FAMILYTRUST EARLING FAMILYTRUST EARLINGFAMILY TRUST JENSEN, RENTS & ROYALTIES, LLCHORSLEY, RULON D & KATHRYN CJENSEN, JEFFERY K &LAURA F JENSEN, NADINE MERRITT, VON K & SAUNDRAJ TRUSTEESSIMS, JEFFREYJ & MARTHA D EARLING FAMILY TRUST EARLING, WYATT JENSEN,NADINE EARLINGFAMILY TRUST ALBRECHT, WERNER L & PEGGY J TRUSTEES SAXTON, LESLIE R & KAY ANN J TRUSTEES STEED, CODY GROVER CEMETERYDISTRICT JENSEN, JEREMIAH JENSEN, NADINE JENSEN, BRETT THURMAN,CHRIS R & MANDYSTOOR,CAROLYN ORESKOVICH,RICHARD & SHEILA COZIAH, MICHAEL D &SONIA S NELSON,RANDY R TRUSTEE HYMAS, DAVID L READ, MARY L TRUSTEE JENSEN, GAROLD L & MARYLOU, TRUSTEES NELSON, RANDY RTRUSTEE READ,MARY L TRUSTEE TURNER, BRUCE H & MARILYN K FAM TRUSTLARSON,EDDY H SARVEY, THOMAS E & JAMES DDANA, DARIN & LORRAINE DANA,DARIN & LORRAINE PUMPHREY, ROBERT W & DEBORAH K LABENNE, JESSE & JULIA JENSEN,TIMOTHY MITCHELL, CHRISTOPHER & JORDAN THOMPSON,RANDY & HEATHER TUELLER, GORDON M & MARGARETA FAM TRUST HEBDON,DEIRDRE E & KADE K JENSEN, GAROLD L & MARY LOU,TRUSTEESCORSI, STEVENL & MARLA DMECK, DAVID JENSEN, DRUR & COLBY K GROVER COMMUNITYDEV.INC. THURMAN, STANLEY R & MARCIA TRUSTEES LONG, KIT R& SHERRI L WARREN, WYATTB & SHERIE L GLANDT, DARRYL C & SHANNON L WARREN,WYATT & SHERIE GLANDT, DARRYL C & SHANNON L WARREN, WYATT & SHERIE GRAY,MARK E TRUSTEE TAYLOR,MELANIE TRUSTEE TAYLOR,MELANIE TRUSTEE BRADSHAW, WILLIAM S & MARJORIE G THURMAN, STANLEY R & MARCIATRUSTEES JENSEN, DRU R & COLBY K THOMAS,COLE LONG, KIT R & SHERRI L VERCIMAK,ROBYN J MITCHELL,CHRIS & JORDAN THOMPSON, RANDY & HEATHER FORESTSERVICE HOO DOO PROPERTIES, LLC THURMAN GROVER RANCH LLC%THURMAN, REED THURMAN GROVER RANCH LLC %THURMAN, REED FLUCKIGER, DALE A LARSON, GARY H& KAROL K TRUSTEES SAMPLE, JAKE A & DANIELLE G BOTKIN, DE & LJTRUSTEES LUND, O DEE TRUSTJENSEN, DIRK& JOAN FLUCKIGER, DALE A & LANIS JENSEN,DIRK & JOAN Maxar, Microsoft Conditional Use Permit Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 105 CUP 24 Twin Peaks Storage Earling Family Trust Prepared using available data by Elizabeth Williams on 26 Mar. 2024. Map is for informational purposes only and in no way represents an official survey of land. 1.How will you or have you address lighting issues? All of our lighting is shielded,aimed,located and maintained to shield adjacent properties and not produce glare onto adjacent properties or roadways per Land Use Regulations Section 6.10 2.How will you address buffering?This needs to be between Highway 89 and your property,as well as for everywhere there is a residential use bordering your property. We will plant trees along the entire stretch of our project along Hwy 89.See attached site plan showing approximate tree locations. 3.How will you address your driveway access?LUR 6.9 Driveway Access reads: The width for a driveway onto a County Road shall be a minimum of twelve (12)feet and not to exceed 30 feet,excluding radius. Common access drives and/or frontage roads which limit the number of entrances onto County Roads are encouraged.Our driveway access was studied and approved by Lincoln County Road and Bridge (Mark Luthi).See attached site plan for locations of driveway access. 4.Show the location of your snow storage on the site plan. See attached site plan for locations of snow storage. 5.Show canal setbacks on your site plan. See attached site plan for canal setbacks. Show water drainage. See attached site plan for water drainage. 6.Show your anchoring systems for the shipping containers. Covenant Engineering suggests the following:Anchorage may be achieved by various means, but one recently proposed by the undersigned (Covenant Engineering)suggests using 3600 lb 6 fl x 2 ft x 2 ft precast concrete blocks buried with at least 1 ft of cover.Such an anchor provides at least 0.35 x 3600 lbs +(200 psf/ft x 2 ft avg.depth x 6 ft x 2 ft )=6060 lbs.This method is sufficient to anchor up to 13 inter-connected containers.Inter-connectivity may be achieved via use of Mytee or similar Sea Rail Shipping Container Bridge Fittings (breaking strength =22,480 lbs).See attached Engineer’s Report at the end of this document for more details. 7.Show your foundation plan for the shipping containers. Covenant Engineering addressed the issue of a foundation plan in their attached report.They found the following: Seismic -As foundations are neither warranted nor justified for Risk Category I structures.It is the opinion of the undersigned that foundations are an unjustified and unnecessary excess. Wind -Longitudinal wind demand is by inspection,inconsequential.Accordingly,the solution herein provided (and as shown in the attached stamped sketch)is in the opinion of the undersigned (Covenant Engineering),sufficiently robust to provide anchorage against seismic demand without the need to provide foundation elements and positive attachment thereto. At Twin Peaks Storage we are still proposing that we provide a 2ft x 2ft x 4in thick concrete pad foundation under each corner for additional support as used in Utah County for Shipping Containers in Storage Facilities (see attached Photo).In fact only the 4 corners would touch on a full-sized concrete pad. Standard Shipping Containers are designed to bear their weight entirely through the 4 corners and so placing concrete slabs underneath just the four corner posts,or using railway sleepers underneath the corners of your container,will keep your container level and secure - “ContainersDirect” (Shipping Containers in Picture are Located in Provo,UT) 8.Submit pictures of the shipping containers you plan to use. Our shipping containers are all brand new and the same color.We chose a color that was natural. Office of Planning and Development Lincoln County, Wyoming Kemmerer Office Afton Office 925 Sage Avenue Suite 201 421 Jefferson St. Ste 701 Kemmerer, WY 83101 www.lincolncountywy.gov Afton, WY 83110 307-877-9056 307-885-3106 NOTICE OF VIOLATION Date: December 7, 2023 To: Earling Family Trust DBA: Twin Peaks Storage P.O. Box 205 Grover, WY 83122 P.O. Box 8 Grover, WY 83122 Property PIN # 3218-062-00-006 It has come to the attention of the Lincoln County Planning and Development Office that you are in violation of your Conditional Use Permit 102-PZ-15, Lincoln County Land Use Regulations, and Wyoming State Statutes. Our office has observed multiple violations as outlined below. We have confirmed you are in violation of Wyoming State Statutes and Lincoln County Land Use Regulations: VIOLATION #1 ● LUR Chapter 6.10 (A.)(1.): All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and not produce glare onto adjacent properties or roadways. ○ Lights on the west side of each building are extremely bright exceeding the county allowed foot candles, are not shielded as required by the Land Use Regulations, and produce a significant amount of glare that may impact driver safety along US HWY 89. VIOLATION #2 ● Violation of W.S. 18-5-204. & W.S. 18-5-202(c); continuing violation. No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of a resolution or amendment adopted by any board of county commissioners under W.S. 18-5-202(c). Each day's continuation of such violation is a separate offense. ○ Twin Peaks Storage is not permitted for any storage units 10’ x 20’. The Conditional Use Permit is only valid if the development follows the submitted site plan and description used to obtain the C.U.P. Therefore you have constructed a building without a proper permit which violates Wyoming State Statutes and Lincoln County Land Use Regulations. VIOLATION #3 ● Violation of W.S. 18-5-204. & W.S. 18-5-202(c); continuing violation. No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of a resolution or amendment adopted by any board of county commissioners under W.S. 18-5-202(c). Each day's continuation of such violation is a separate offense. ○ Twin Peaks Storage is not permitted for any 8’x40’ shipping container storage units. All units permitted by the Conditional Use Permit were 10’x12’. All Shipping Container Storage Units on this property are in direct violation of the Conditional Use Permit, State Statutes, and the Land Use Regulations. VIOLATION #4 ● LUR Chapter 6.4: Buffering may be required. ○ Conditional Use Permit holders are required to follow all development standards in the Lincoln County Land Use Regulations for their permitted uses. Projects that create traffic, lighting glare, noise or dust etc. and neighboring different uses require buffering according to the LUR’s. It is believed this storage unit project should comply with a buffering requirement along US HWY 89 which is a scenic byway. The property owner may choose the type of buffering allowed in (Chapter 6.4 Buffering), provided it is sufficient to buffer the project. To resolve this matter, please contact the Planning Director within 14 days of the date of this letter, to coordinate a plan with Lincoln County Planning Director to bring your property in compliance with county standards, and the Conditional Use Permit 102-PZ-15. This will most likely require a modification of the current Conditional Use Permit requiring an approval by the Lincoln County Planning and Zoning Commission and Board of County Commissioners, and may also require other mitigation requirements. Failure to resolve these violations may result in the following penalties: 18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204. Whoever violates any provision of W.S. 18-5-201 through 18-5-204 shall be fined not more than seven hundred fifty dollars ($750.00) for each offense. 18-5-204. Violation of W.S. 18-5-202(c); continuing violation. No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of a resolution or amendment adopted by any board of county commissioners under W.S. 18-5-202(c). Each day's continuation of such violation is a separate offense. Thank You, Marcus Fleming, MBA Planning Director Marcus.Fleming@lincolncountywy.gov (307) 887-7512 CC: Lincoln County Attorney Certified Mail